EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 252

 

Issued by the authority of the Minister for Finance and Administration

 

Financial Management and Accountability Act 1997

Financial Management and Accountability Amendment Regulations 2007 (No. 5) (the Regulations)

The Financial Management and Accountability Act 1997 (FMA Act) provides a framework of rules for the proper management of public money and public property by Chief Executives and officials of FMA Act agencies.

Subsection 65(1) of the FMA Act provides that the Governor-General may make regulations prescribing matters required or permitted by the FMA Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the FMA Act.

Section 5 of the FMA Act provides that for the purposes of the FMA Act, a prescribed Agency means a body, organisation or group of persons prescribed by the regulations for the purposes of that definition. Agencies are prescribed in Schedule 1 to the Financial Management and Accountability Regulations 1997 (the Principal Regulations).

The Office of Workplace Services (OWS) was prescribed in Schedule 1 to the Principal Regulations. On 4 May 2007 the Prime Minister announced that two new agencies would be created, the Office of the Workplace Ombudsman, and the Workplace Authority to replace OWS. On 1 July 2007, the Workplace Relations Amendment (A Stronger Safety Net) Act 2007 prescribed the Office of the Workplace Ombudsman and the Workplace Authority in Schedule 1 to the Principal Regulations but did not remove OWS.

 

Accordingly, the Regulations amended the Principal Regulations to remove OWS from Schedule 1.

 

Further details of the Regulations are in the Attachment.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

In accordance with section 17 of the Legislative Instruments Act 2003 the Department of Employment and Workplace Relations was consulted. No further consultation was undertaken in relation to the Regulations as they are of a minor or machinery nature and do not substantially alter existing arrangements.

 

The Regulations commenced the day after they were registered on the Federal Register of Legislative Instruments.

 

ATTACHMENT

Details of the Financial Management and Accountability Amendment Regulations 2007 (No. 5)

Regulation 1 - Name of Regulations

This regulation provided that the title of the Regulations is the Financial Management and Accountability Amendment Regulations 2007 (No. 5).

Regulation 2 – Commencement

 

This regulation provided for the commencement of the Regulations on the day after they were registered.

 

Regulation 3 - Amendment of the Financial Management and Accountability Regulations 1997

This regulation provided that the Financial Management and Accountability Regulations 1997 (Principal Regulations) were amended as set out in Schedule 1.

Schedule 1

Item [1] – Schedule 1

This amendment removed the Office of Workplace Services from Schedule 1 to the Principal Regulations by omitting item 140AB.